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May 14, 2010: Jarrod acquitted, James found guilty; DNA on gun insufficient to convict Jarrod

Photograph by: Sam Leung file
, PNG

Moments after he was convicted Thursday of major weapons offences by a Surrey judge, Jamie Bacon turned to his brother Jarrod in the opposite prisoner's box, smiled -- and flashed him a thumbs-up.

Jarrod was acquitted on the same charges -- making it a tale of two outcomes for the brothers as they faced weapons charges dating back to 2007.

B.C. Provincial Court Judge Jean Lytwyn found Jamie Bacon guilty of 10 counts of possessing guns and ammunition at the Bacons' family home in Surrey.

Charges arose after police found a secret compartment containing four semi-automatic guns and five loaded magazines in an SUV parked at their Surrey house. The discovery was made as police were investigating a failed attempted assassination bid on Jamie on April 13, 2007.

In her 32-page decision, Lytwyn said Jamie, who was 21 at the time, was fired on by several assassins in a gang-style hit, and returned fire with a Glock handgun.

Wearing body armour probably saved his life, as he was hit by a bullet in the back, between his shoulder blades, she said.

That gun was later discovered in the secret compartment and, she said, Jamie put it there, either by himself or by directing others to do so.

"The only rational conclusion that can be drawn from all the circumstances is that James Bacon knew of the secret compartment," she said. "Therefore, I find James Bacon guilty."

On the other hand, she said, Jarrod Bacon rarely drove the SUV, and his thumbprint on a cupholder over the hidden cache didn't prove he knew about it. His DNA on the magazine of the gun that Jamie fired was not conclusive proof.

Lytwyn said: "The evidence, even in its totality, does not satisfy me beyond a reasonable doubt that Jarrod Bacon had knowledge and control of the guns and magazines in the secret compartment."

Crown prosecutors had said the secret gun compartment was known to the Bacon family, and that father David and younger brother Jonathan hid the fired gun inside the secret cache.

They were never charged with any crime.

Defence lawyers had argued that the case was circumstantial, and that the DNA and fingerprint evidence created too many doubts to convict.

Jamie Bacon was also found guilty of possessing 108 Oxycodone pills when he was arrested in May 2008.

The conviction ended a six-month trial.

The parents of the Bacon brothers, Susan and David, were not in the high-security courtroom for the decision.

Security was tight for media, police and lawyers, and -- in a strange twist -- a class of Grade 6 students who jammed the courtroom.

Jamie Bacon is also a co-accused in the "Surrey Six" murders, which also took place in 2007. Six men -- including two innocent bystanders -- were shot dead.

Jamie Bacon remains in custody, as does Jarrod, who is being held on another matter.

Jamie will be back in court next Thursday for sentencing on the weapons convictions.

Outside court Thursday, Crown Counsel spokesman Neil MacKenzie said no decision has been made whether to appeal Jarrod's acquittal.

"We will view the decision, but we have to take away the fact that Mr. James Bacon has been convicted," he said.